Legal Question in Real Estate Law in Texas

Easement flooding

My neighbor has an easement across my property. He built a road along this line that does not allow for proper drainage since he didn't add a culvert. I told him when he began the road that he needed one and he told me to put one in. Now trees are dying and a structure next to his road is damaged. What are my areas of recourse?


Asked on 6/20/07, 3:36 am

1 Answer from Attorneys

Johm Smith tom's

Re: Easement flooding

In TX, adjacent landowners may not change the flow of water. So you can have an attorney send a demand letter and then sue if necessary. If you allow this situation to remain unchallenged, then you will lose the right to get it changed, which is probably what this guy wants. Do you really think he's doing this without having consulted an attorney first?

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Answered on 6/20/07, 9:24 am


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